S.I. No. 191/2005 - Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005

STATUTORY INSTRUMENTS

S.I. No. 191 of 2005

Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by section 61A of the Central Bank Act 1942 (No. 22 of 1942) (as inserted by section 16 of the Central Bank and Financial Services Authority of Ireland Act 2003 ( No. 12 of 2003 )), after consulting the Central Bank and Financial Services Authority of Ireland, hereby make the following Regulations:

Citation and commencement

1.         (1)       These Regulations may be cited as the Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005.

(2)       These Regulations come into operation on 1 April 2005.

Extension of definition of “regulated financial services provider” for the purposes of Part VIIB of the Central Bank Act 1942 (Financial Services Ombudsman)

2.         The following classes of persons are specified as being regulated financial service providers for the purposes of paragraph (c) of the definition of “regulated financial service provider” in section 2(1) of the Central Bank Act 1942 (as amended by section 2 of the Central Bank and Financial Services Authority of Ireland Act 2004 ):

(a)    credit intermediaries who are required to be authorised by the Director of Consumer Affairs under Part IX of the Consumer Credit Act 1995 (No. 24 of 1995);

(b)    pawnbrokers who are required to be authorised by the Director of Consumer Affairs under Part XV of the Consumer Credit Act 1995 ;

(c)    creditors with respect to the performance of their obligations under the Consumer Credit Act 1995 and under the contract for the provision of credit to a consumer, and under any contract of guarantee relating to the provision of that credit;

(d)    owners of goods that are subject to a hire-purchase agreement under a hire-purchase agreement with respect to the performance of their obligations under the Consumer Credit Act 1995 and under the agreement, and under any contract of guarantee relating to the agreement or any right to recover the goods from the hirer under the agreement;

(e)    owners of goods that are subject to a consumer-hire agreement with respect to the performance of their obligations under the Consumer Credit Act 1995 and under the agreement, and under any contract of guarantee relating to the agreement or any right to recover the goods from the hirer under the agreement;

(f)     mortgage lenders within the meaning of section 2 of the Consumer Credit Act 1995 ;

(g)    the Voluntary Health Insurance Board established under the Voluntary Health Insurance Act 1957 (No. 1 of 1957).

Saving

3.         Nothing in Regulation 2 affects the application of the provisions of the Central Bank Act 1942 (apart from Part VIIB) to any of the classes of persons mentioned in that Regulation to the extent (if any) that those classes fall within paragraph (a) or (b) of the definition of “regulated financial service provider” in section 2(1) of the Central Bank Act 1942 (as amended by section 2 of the Central Bank and Financial Services Authority of Ireland Act 2004 ).